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Counseling Is Mendotory In All Divorce Case
20-May-2026 (In Divorce Law)
My wife filled Domestic violence case and claim maintenance against me in 2021. Future she never come so court passed order she is not interested in maintenance and second is she is not interested in this case so case is stopped under sec256 of crpc...in 2025 March..court passed ex party decree in my favour of Restitution of conjugal rights..one year passed but wife not returned.. finally I filled Divorce u/s 13 ia,ib, 1A(ii)..on first date Court summon to my wife via Post ...but Summon is Returned and marked that 'REFUSED'..MY FUTURE DATE IS AFTER ONE MONTH...My Question is what is a future procedure and counseling is compulsory...?..Judge refer to do counseling?
Court may issue fresh summons or bailable warrant. Counseling is not compulsory if wife refuses to appear. For detail analysis of your case to seek answers, kindly get in touch either on call or in person.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Since your wife has already refused the summons after a restitution of conjugal rights decree that she has not complied with for over a year, the court is likely to treat her as deliberately absent. On the next date, your advocate can inform the court that the summons was returned as “REFUSED” and request that the case be treated as ex‑parte or that substituted service be ordered, so that the matter can proceed. In divorce cases, judges generally ask the parties to undergo counseling or mediation but this is mainly a procedural step to check whether reconciliation is possible. If your wife again refuses to attend or the counselor reports that settlement is not possible, the court can record this. You should therefore co‑operate with any counselling, attend the sessions, and then move on with the proceeding.
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Adv. Purva Kshatriya
Adv. Purva Kshatriya
Pune | 5+ Answers
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If summons is returned as “refused,” the court may treat it as valid service and proceed further; if your wife does not appear, the matter can continue ex parte. Counseling/mediation may be referred by the judge depending on the facts and court practice, but it is not mandatory in every case. I can help you review the next legal steps.
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As per the facts stated, the wife had earlier filed Domestic Violence and maintenance proceedings, however the matter appears to have been closed/stopped under Section 256 CrPC due to non-appearance and lack of interest in prosecution. Further, the husband has obtained an ex-parte decree in a Restitution of Conjugal Rights matter, which may support his case regarding willingness to continue matrimonial relations.
Now, since the divorce petition under Section 13(1)(ia) & (ib) of the Hindu Marriage Act has been filed and summons are returned with endorsement “Refused,” the Court may treat the service as valid. If the wife remains absent, the matter can proceed ex-parte.
The Court may refer parties for counseling/mediation before proceeding further, as reconciliation efforts are generally encouraged in matrimonial disputes. Appearance before the counseling session is advisable, as non-cooperation may adversely affect the case.
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Adv. Vikrant C Deshpande
Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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if she has refused to take summons for divorce what you can do is you can go to the court and ask for ex parte order against the wife as she is not ready to come forward for divorce and also mention that you have decree in your favour, the court may grant order in your favour looking at your struggle this higher a proper advocate who can communicate this whole incident to the judge properly so that a good order is passed in your favour
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Adv. Moksh Jain
Adv. Moksh Jain
Mumbai | 100+ Answers
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